By registering and/or using AZ Gizmo Imperative Web Application ("Software"), you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by Hitech Service LLC your use of AZ Gizmo Imperative indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Hitech Service LLC grants to you a personal or commercial, non exclusive, non transferable license, without right to sub license, to use AZ Gizmo Imperative in accordance with this Agreement and any other written agreement with Hitech Service LLC. Hitech Service LLC does not transfer the title of AZ Gizmo Imperative to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Hitech Service LLC and the purchasers, subscribers or users of AZ Gizmo Imperative.
If you do not agree to be bound by this agreement, do not register, subscribe and/or use AZ Gizmo Imperative from your computer now and, if applicable, promptly return to Hitech Service LLC by mail any copies of AZ Gizmo Imperative and related documentation and packaging in your possession.
AZ Gizmo Imperative and the license herein granted shall not be copied, shared, distributed, re sold, offered for re sale, transferred or sub licensed in whole or in part. For information about redistribution of AZ Gizmo Imperative contact Hitech Service LLC.
Your license to use AZ Gizmo Imperative is limited to the number of computers you can access it on for personal or commercial purposes. You shall not allow others to use, copy or evaluate copies of AZ Gizmo Imperative.
The assignment, sublicense, networking, sale, or distribution of copies of AZ Gizmo Imperative are strictly forbidden without the prior written consent of Hitech Service LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of AZ Gizmo Imperative. If any person other than yourself uses AZ Gizmo Imperative registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile AZ Gizmo Imperative. Nor can you create any derivative works or other works that are based upon or derived from AZ Gizmo Imperative in whole or in part.
Hitech Service LLC name, logo and graphic files that represent AZ Gizmo Imperative shall not be used in any way to promote products developed with AZ Gizmo Imperative. Hitech Service LLC retains sole and exclusive ownership of all rights, title and interest in and to AZ Gizmo Imperative and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of AZ Gizmo Imperative, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Hitech Service LLC.
You will indemnify, hold harmless, and defend Hitech Service LLC, its employees, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of Hitech Service LLC Software.
In no event (including, without limitation, in the event of negligence) will Hitech Service LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, AZ Gizmo Imperative or the use or inability to use AZ Gizmo Imperative or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Hitech Service LLC entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software subscription (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Hitech Service LLC) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Hitech Service LLC.
Except as expressly stated in writing, Hitech Service LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the state of Delaware of United States applicable therein. You hereby irrevocably attorn and submit to the non exclusive jurisdiction of the arbitration of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of AZ Gizmo Imperative. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD AS A SUBSCRIPTION PLAN OR PROVIDED FOR FREE "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY AZ GIZMO IMPERATIVE AS WELL.
You agree that Hitech Service LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to AZ Gizmo Imperative. Hitech Service LLC may also use this information to provide notices to you which may be of use or interest to you.